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Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Probate for New York on
Q: If a will indicates two beneficiaries, who both predecease the testatrix, who is the lawful distributee?

B (NY, died in 2017) left her estate in a 1961 will to two sisters; A (NY) and M (FL). The two sisters predeceased B. Beneficiaries to A's estate are her two children (NY & MA). Living beneficiaries to M's estate are her & B's brother, P (CA), and a niece, M (FL).

Julie King
Julie King answered on Jun 21, 2021

The answer will depend on what the will says. If the will has no "back up" people to receive the inheritance if the people listed as first choice have passed away, the inheritance will likely go to B's heirs by law. You should make an appointment with a probate attorney and have the... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Elder Law for Michigan on
Q: Mom is in the hospital in California and wants to do a ladybird deed for her house in Michigan how do we proceed?
Brent T. Geers
Brent T. Geers answered on Jun 21, 2021

You should have a Michigan attorney draft the deed, and then somehow, your mother will need to sign it before a California notary.

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1 Answer | Asked in Estate Planning for Ohio on
Q: I want to file my will with the Morrow court. I need an application form. I don’t know how to get the form.
Andrew Popp
Andrew Popp answered on Jun 21, 2021

There is not typically a form to complete. The statute describing the process is at Section 2107.07 of the Ohio Revised Code. That being said, I don't practice in Morrow County and they may have something for you to complete. Your best option is to call the probate court and ask. The... Read more »

2 Answers | Asked in Estate Planning and Probate for Kansas on
Q: What happens to a long term significant other when the owner of a house dies without a will in Kansas?

Lived together for 10 years, only one taking care of him through Cancer

Nina Whitehurst
Nina Whitehurst answered on Jun 21, 2021

When a person dies without a will, he is said to have died “intestate”, and the persons who inherit from him are determined by that state’s laws of “intestate succession”. The laws of intestate succession direct a hierarchy of kinship that generally favor the spouse and children first,... Read more »

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1 Answer | Asked in Estate Planning, Real Estate Law and Landlord - Tenant for Colorado on
Q: People staying on property no leases.

Husband and I were separated I left the house, husband has since past away, I take over the property. There's 2 people I've never met staying there, no leases. We found meth and other drug paraphernalia. Can I kick them out immediately

Sabra M. Janko
Sabra M. Janko answered on Jun 18, 2021

You can evict them through the formal eviction process if they will not leave upon your request.

1 Answer | Asked in Estate Planning for Nebraska on
Q: My husband and I need a basic will set up. How much does this cost usually?
Julie Fowler
Julie Fowler answered on Jun 18, 2021

It depends on a lot of factors. Probably between $500 to $5,000 depending on what your assets and debts are and what you mean by "basic will."

2 Answers | Asked in Estate Planning and Probate for Oklahoma on
Q: When someone dies without a will, who does their assests go to?Does it go to probate or family?

Person has no spouse or children. But has living mother and siblings.

Anna L Self
Anna L Self answered on Jun 17, 2021

A probate may need to be filed. You would need an attorney to review deeds, bank accounts, etc. to determine if probate would need to be filed. Without a will, the estate passes according to Oklahoma statute. If deceased has no spouse or living children or deceased children with children, then the... Read more »

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1 Answer | Asked in Estate Planning for Maryland on
Q: Decedent lived in Florida. Only real property owned was in MD. No Will. Where do I open the estate?
Mark Oakley
Mark Oakley answered on Jun 17, 2021

Open the estate in Florida. You will need a certified triple seal copy of the proceeding and appointment as executor/personal representative. You then file a foreign personal representative petition to set inheritance tax (there won’t be any if spouse or lineal heirs like children will inherit)... Read more »

1 Answer | Asked in Estate Planning for Texas on
Q: Dads will gives estate to mom and then by 3 sons. One son has since passed away. Does his widow have heirship to his?
Terry Lynn Garrett
Terry Lynn Garrett answered on Jun 17, 2021

It depends on what the Will says. It is common to state that the children or the siblings of a predeceased beneficiary inherit. It is uncommon to state that the spouse does.

3 Answers | Asked in Estate Planning for Colorado on
Q: My mom passed away in 2020. She had a sizable estate and a number of beneficiaries.

Her will stipulates that if any of her children passes away before the final distribution is made, that child's share is divided among the remaining living beneficiaries. Is it possible to put a provision in my will so that if I die before the final distribution is made, my share will go to my... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jun 16, 2021

Your will can not override her will.

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2 Answers | Asked in Contracts and Estate Planning for Ohio on
Q: my wife and i filed a quit claim deed and now want it revoked. we both want ownership of our house. is this possible?

i am 58, fully disabled and want to file for a homestead property tax reduction. i am the one that the quit claim deed removed from the home ownership.

can we file a new deed that allows us as co home ownership?

Moshe Toron Esq
Moshe Toron Esq answered on Jun 16, 2021

If she is the current owner, she can sign a new deed putting you on as a co-owner.

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1 Answer | Asked in Estate Planning for Illinois on
Q: Do I have to be informed that I'm named to a will? How can I find out if I'm also named in the trust?

I'm from Illinois. I was named in my fathers will. There is also a trust attached to the will. I am estranged from my family so simply asking the executor is out of the question. I was never notified of the will being filed in probate (I found out doing a probate search online). My question is... Read more »

Charles E. Hutchinson
Charles E. Hutchinson answered on Jun 16, 2021

Being named in a will does not necessarily mean that you will inherit from the will. I doubt that the attorney who drafted the will is going to answer your questions. If the decedent's estate plan included a trust, it is very unlikely that the probate attorney will be of much help unless... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Louisiana on
Q: can my brothers lawyer lie and accuse me of fraud

he is administrator and has completely neglected the property, home and funds- he has used ins funds and never fixed the home then claimed more damage and had appraisals done that changed from C5 to C3 even though the home is gutted and unlivable-however his lawyer attacks me in an 11 page... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 16, 2021

Do you have an attorney? If you have an attorney representing you, then please discuss this with him. If you do not have an attorney, then please use the Justia search function and look for succession/probate attorneys in your area, set up a consultation or 2, discuss your issues, obtain your... Read more »

1 Answer | Asked in Estate Planning and Probate for New Jersey on
Q: My grandmother died, had a revised Will created years ago, but nobody can find a copy yet. What happens with her estate?

When a Will is created, is it filed anywhere so heirs can get a copy? There is a prior Will that her son took her to have drawn up, which he likely still has a copy of. Then her son took all of her life savings, putting her in financial ruin. So, she changed her Will after that with a different... Read more »

Morris Leo Greb
Morris Leo Greb answered on Jun 15, 2021

A will is necessary for probate in order for an individual named as executor to qualify. Other wise the decedent is considered to have passed intestate. The Court will appoint an administrator. A bond, in an amount set by the Surrogate must be obtained. The Estate is then distributed in the manner... Read more »

2 Answers | Asked in Estate Planning for Tennessee on
Q: Father died with a will. Who gets his personal assets?

Father left house to one of his kids and lifetime residence to spouse via a will to avoid probate. Assets on the property were not addressed in the will. Lawyer said assets do not belong to the child who inherited the house and should be divided amongst spouse and other children. Is this correct?

Anthony M. Avery
Anthony M. Avery answered on Jun 15, 2021

If the Will is not probated, it has no effect. And the purported Will probably does address both real and personal property. Without the Will being probated, the Heirs At Law own the real property and the Next of Kin (same as heirs) own the personal property. With no Will, the Heirs are all... Read more »

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1 Answer | Asked in Estate Planning for New York on
Q: If I did a revocable trust through legal zoom, where do I file it.
Gary Lane
Gary Lane answered on Jun 15, 2021

Living Trusts are not filed. You may do so if you choose, but most folks do not file (record) them but instead keep them private. Should you choose to record it, it is done as your local County Recorder's Office, where deeds are recorded.

1 Answer | Asked in Probate and Estate Planning for New Jersey on
Q: How do I get hold of a last will and testament, my mother says I'm in the will, but my aunts wouldnt share that info
Michael Andrew Conte
Michael Andrew Conte answered on Jun 15, 2021

Contact the Surrogate’s Office of the county where the deceased person lived.

1 Answer | Asked in Real Estate Law, Land Use & Zoning, Estate Planning and Probate for North Carolina on
Q: Person leaves land to 2 people. 1 of the people die and its inherited. Can 1 sign it to someone w/o both party's consent

My grandma left land in her will to my mother and her uncle. My mother died before I was 18 and left her portion to me. Someone got my uncle to transfer his name off the deed to them. They then filed it with the clerk and is now on the deed with me.. Is this legal? To be considered my uncle was... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 15, 2021

It appears that you are legally a tenant in common of a one half undivided interest with the others as tenants in common of equal interests adding up to one half. But was GrandMother's Will Probated? If not, then it had no effect, and her heirs own the property. Hire a competent attorney... Read more »

1 Answer | Asked in Estate Planning and Probate for Colorado on
Q: Mom & Dad passed away. 2 homes 4 siblings. 1 brother is living in 1 homew/other peole, need 2 sell how do you get him o

The brother has several people living in there & it's a mess. we can't find a will. There are no other known assets Mom passed away Nov. 2019. Can we legally get him out in order to sell the property. He is back & forth & both. We have changed the locks & he changes them.... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jun 15, 2021

One option: Have one of the children file for probate and ask to be appointed personal representative of the estate. The PR can bring an eviction action if necessary. The PR can then sell the properties and administer the estate by paying any liabilities and distributing the proceeds among the... Read more »

1 Answer | Asked in Contracts, Estate Planning, Civil Litigation and Probate for California on
Q: Have I been disinherited for not having a conditioned set in Trust at the time it was created or can fulfill now?

My Grandparents made their Living Trust in 1993 while my Mom and I were living in Iran. In their Trust they Place a condition that my Mom has to leave Iran and become a permanent US residence before getting equal share, further it instructs no distribution to be made to children of my Mom who are... Read more »

Julie King
Julie King answered on Jun 15, 2021

Unfortunately, the only way to answer your question is to read the trust. Taking a few lines out of a lengthy document is not enough information for lawyers to give their thoughts and impressions because certain terms will be defined in your document and using a different definition will change the... Read more »

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